WILL AND TRUST PLANNING GLYNIS WRIGHT
CONSCIOUS UNCOUPLING Many clients going through the divorce process find it hard to cope with important decisions about their financial settlements and the arrangements for their children after separation. They are often at their lowest ebb and struggle to cope emotionally with what is happening to them. As well as dealing with the legal side, we talk to our clients about other support available. We encourage mediation wherever appropriate. We also work with other complementary services such as family therapy and a process called ‘conscious uncoupling’. Conscious uncoupling is a coaching process providing tools to part amicably with mutual respect, remembering the needs of the children. Practitioners work with individuals, not couples, and coach their clients through the emotional trauma of their breakup using selfawareness techniques. Famously, conscious uncoupling was adopted by Gwyneth Paltrow recently when she divorced Chris Martin, placing the method on the radar. Individuals recover from their breakups much more quickly if the process is managed in a mutually respectful manner. Conscious uncoupling methods are used to help people release anger and resentment, thus placing them in a better position to work with their lawyers making those hugely important decisions about their finances and children. Contact us if you’re facing a breakup and want to know more about your legal rights and other support available to you.
0116 238 5680 glyniswright.co.uk 10 | NICHE
A Will states who will inherit your estate and when. However, not many people realise that there is more to take into consideration such as what if one of the beneficiaries you wish to inherit goes through a divorce? In that case, the money you intended for that person will be split with someone else. What if they go through bankruptcy? Writing a Will makes you think of situations which you may never have thought of. You’re encouraged to consider all the ‘what ifs’ that could occur in life. How would you feel if your child had to split their inheritance with their spouse who they are divorcing? The modern day Will benefits from Trust Planning. With the rapid change going on in society today, a basic Will unfortunately does have risks that could mean your wishes go unfulfilled. A Trust can prevent any third party
BHAVIN GANDHI attacks, protecting the inheritance from divorce, bankruptcy, care fees etc. Trusts are especially important should you have children from different relationships, to prevent sideways inheritance (meaning if one person passes away and the remaining partner/ spouse remarries, then children may not see their inheritance as the estate can go to the new spouse), which unfortunately is a common scenario within the UK. This to my surprise goes amiss far too easily. However, we like to make our client fully aware of this risk.
0800 999 7750 paradigm-wills.com
NON-COMPETE CLAUSES: CAN THEY BE ENFORCED? GREG HOLLINGSWORTH Restrictive covenants in employment contracts are clauses that try to restrict the activity of an employee after they have left the employer’s employment, and usually focus on four areas: ◆ Non-solicitation of customers – stopping an ex-employee approaching the employer’s customers. ◆ Non-dealing with customers – stopping an ex-employee dealing with the employer’s customer even where the customer approaches them. ◆ Non-poaching of staff – stopping an ex-employee recruiting staff from the employer. ◆ Non-compete restriction - stopping the ex-employee working in that industry and competing with the employer. The non-compete clause is the most restrictive of these, but they can still be enforced by an employer when an employee leaves, provided that the clause goes no wider than is necessary
to protect the legitimate business interests of the employer. Here are some tips for maximising your chances of covenants being enforced: ◆ Keep them under review: the reasonableness of the clauses are assessed at the time that they are entered into, so even if you promote an employee, the court looks at when they signed the contract. ◆ An unreasonable clause is unenforceable: consider the protection you really need rather than use every type of covenant available and making the length of time as long as you dare. If it’s unreasonable, it’s unenforceable. A well drafted restrictive covenant that is reasonable will be enforceable, and can be key in protecting hard won client relationships.
0116 204 7260 hlegal.co.uk
Niche Magazine is a bimonthly independent business and lifestyle magazine that supports local businesses.